Privacy Policy

Privacy Policy

Revised and Effective: December 9, 2017

Version 2.3

Zipwhip, Inc. (“Company“) appreciates your trust and is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you what data we collect, why we do so, and what we do with it. It applies to the personal information we collect from users of our website located at https://www.zipwhip.com (the “Site“), our Application Program Interfaces (collectively the “API“), our downloadable software applications (to include mobile applications) (each, an “Application“), and online services available therein (the “Services“).

Questions; Contacting Company; Reporting Violations. If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at the following address or phone number:

(a) We collect personal information from users or prospective customers during their use of the website, use of our products, or communication with our employees. This includes: (1) basic data passed during text message transmission (including, but not limited to, message content, photos, files, and message count/volume), (2) information entered in website forms or when creating or using accounts, (3) mobile device information including mobile devise identification, service provider, and location, (4) payment information, and (5) information or feedback provided through e-mail, voice, letter, or online posting. We also collect data (including phone number, transmission, and message data) from general text messaging users who send messages to users of Company Services.

(b) We also collect information using technology. We gather (1) clicking, browsing, and use data/patterns (including, but not limited to, information gathered through “cookies” and “pixel tags” as well as information about your IP address, browser, internet service provider, pages, operating system, date/time stamps, and clickstream data), (2) information about your mobile device, use of our app, or app performance and (3) information (via “pixel tags”) about how emails we have sent have been accessed. Third party advertisers or data analytics providers also gather similar information and/or match this information to that from other sources.

Use of Your Information

(a) General Use. In general, personal information you submit to us is used to provide the Services, for our direct marketing purposes, to respond to requests that you make, or to aid us in serving you better. We will also use the information to contact you via e-mail or phone call for (1) phone number verification, (2) marketing/promotional purposes, (3) enrollment/activation activities, (5) response to your request/inquiry, (6) encouraging or enabling your use of the Services including, but not limited to, specific features, (7) billing inquiries, (8) to address possible inappropriate use, or at our Company”s discretion, (9) to provide users material updates related to the Services.

(b) User Feedback. If you provide us with feedback, we may post it on the Site or our blog from time to time. (We love to share positive customer experiences!) If we desire to post your full first and full last name along with the feedback, we will ensure that we obtain your consent prior to posting.

(c) Creation of Anonymous Data. We may create anonymous data records from personal information by excluding information that makes the data personally identifiable to you or your business. We reserve the right to use anonymous data for any purpose and disclose anonymous data to third parties in our sole discretion.

Disclosure of Your Personal Information. We disclose your personal information as described below and as described elsewhere in this Privacy Policy.

(a) Third Parties Designated by You. When you use the Services, the personal information you provide will be shared with the third parties that you designate to receive it (for example, the person you are texting).

(b) Third Party Service Providers. We may share your personal information with third party service providers: (1) to provide you with the Services that we offer you through our Site, (2) to enable message transmission, (3) to conduct quality assurance testing or audits, (4) for our own marketing purposes, (5) to facilitate enrollment and creation of accounts, (6) to provide technical support, (7) to facilitate data storage, (8) for billing, (9) to manage sales accounts, and/or (10) to provide other services to our Company. These third party service providers are required to not use your personal information other than to provide the services requested by our Company.

(c) Public Profile. Profile information, such as your profile photo, name, and telephone number, may be shared between users of Zipwhip Services when communicating via text-enabled landlines.

(d) Corporate Restructuring. We may share some or all of your personal information in connection with or during negotiation of any merger or change in ownership of all or a portion of our business or assets.

(e) Marketing. Personal information will not be used for third party marketing purposes with the following exceptions: (1) Third party analytics companies or advertisers on our website may collect and use information via their own technical tools such as cookies. This policy does not apply to, and we are not responsible for, cookies used by analytics companies or in third party ads. We encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of cookies and other technologies. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here: http://www.networkadvertising.org. And, (2) third parties may track and record user clicking/browsing data as related to retargeting display adds.

(f) Other Disclosures. Regardless of any choices you make regarding your personal information (as described below), our Company may disclose your personal information if it believes in good faith that such disclosure is necessary (i) in connection with any legal investigation; (ii) to comply with relevant laws or to respond to subpoenas or warrants served on Company; (iii) to protect or defend the rights or property of Company or users of the Application or Services; and/or (iv) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.

Your Choices Regarding Your Information. You have several choices regarding use of information on our Services:

(a) Email Communications. You may indicate a preference to stop receiving further marketing e-mail from us and may “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Despite your indicated e-mail preferences, we may send you service related communications.

(b) Changing Your Personal Information. You may change certain elements of personal information in your Account by logging into the Site. You may requested deletion of your personal information by us, and at our discretion, we may use commercially reasonable efforts to honor your request; but, please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud prevention or similar purposes.

Security of Your Personal information. Your security matters to us. We use a variety of security technologies and procedures designed to help protect your personal information from unauthorized access, use, or disclosure.

Information from Children. From time to time as part of a special Zipwhip promotion, such as “texting to Santa,” we may request information from children under 13 years of age. We will take all necessary steps to protect the privacy and safety of any child participating in these activities in accordance with the Children’s Online Privacy Protection Act (COPPA).

Obtaining Verifiable Parental Consent. We will use reasonable effort to obtain verifiable parental consent prior to the collection and use of personally identifiable information from children under 13. The method of parental consent verification may vary according to the event in which the child wishes to participate. Means of obtaining such consent may include, but are not limited to, offline consent such as printing and submitting a permission form by mail or fax or online consent that contains information that enables Zipwhip to verify the identity of the parent.

Parental Review. Zipwhip will allow parents to review any personal information collected from their children, based on verifying the identity of the consenting parent. Parents may revoke their consent and delete information collected from their children at their discretion. In such event, Zipwhip will then stop collecting, using, or disclosing information from that child, and will end that child’s participation in that event.

When Parental Consent is not Required. We do not require parental consent in order to collect and use information texted to Zipwhip to:

Respond more than once directly to a specific request from a child and not used to re-contact the child beyond the scope of the child’s request (e.g. a response to a child’s text to Santa);

Request the name or online contact information of a parent for the sole purpose of obtaining a verifiable parental consent or providing parental notification; or

Respond directly to a child’s request on a one-time basis to a specific request where the information is not used for purposes other than the event (e.g. Santa’s response to a child’s text request).

Texts received from children under the age of 13 will not be used for any purpose unrelated to a particular event; each will only be stored long enough to complete the event and will be promptly deleted thereafter from Zipwhip databases.

Changes to This Privacy Policy. This Privacy Policy is subject to occasional revision. When changes are made, the Company will make a new copy of the Privacy Policy available at the Site. Any changes to this Privacy Policy will be effective upon thirty (30) calendar days following our posting of the changes on our Site. These changes will be effective immediately for new users of our Service. If you do not wish to permit changes in our use of your personal information, you must notify us prior to the effective date of the changes that you wish to deactivate your Account with us. Continued use of our Site, Application or Service, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.